Illegal dumping laws and penalties

The EPA enforces strict laws relating to illegal dumping to ensure wrongdoers pay heavy penalties for potentially harming human health and the environment, and deter dumpers from repeating the offence.

TheProtection of the Environment Operations Act 1997 (POEO Act) is the primary piece of environmental legislation regulating illegal dumping in NSW. The POEO Act provides a tiered range of on-the-spot fines and penalties for illegal dumping offences. Two of the sections commonly used by the EPA to regulate illegal dumping are sections 143 and 144 of the POEO Act.

Wilful or negligent disposal of waste causing actual or likely harm to
the environment

Maximum penalty for a corporation: $5,000,000 for wilful offences; $2,000,000 for negligent offences

Increased penalties

Recent amendments to the POEO Act have increased penalties
for illegal dumping including

vehicles used in repeat illegal dumping offences can be seized,
and if the offender is convicted, can be forfeited

repeat offenders can receive prison sentences of up to 2 years

the EPA can require waste transporters to install GPS devices in
their vehicles, so the EPA can monitor their movements and ensure they comply
with the law

a person knowingly supplying false and misleading information in
the course of dealing with waste can receive a fine of up to $500,000 for a corporation,
or $240,000 and an 18-month prison sentence for an individual

the offender can be required to repay any monetary benefit
obtained as a result of the offence as an additional
penalty.